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O1501 J e e '. CA:RMM:rmd986jhpca city Council Meeting 11-14-89 Santa Monica, California ORDINANCE NUMBER l50l(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4115 OF THE SANTA MONICA MUNICIPAL CODE TO PERMIT DOGS IN DESIGNATED AREAS OF CITY PARKS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4115 of the Santa Monica Municipal Code is amended to read as follows: SECTION 4115. DogS. Restricted Areas. No person having control, charge or custody of any dog shall permit the same to go upon any school ground, recreation or playground, or public park, or upon those lands in the City lying westerly of that certain thoroughfare, commonly known as The Promenade or upon the beach sands lying northerly of the westerly prolongation of the center line of California Avenue. Notwithstanding any other provision of this Code, any person violating this Section shall be guilty of an infraction. Any person convicted of an - 1 - '- e e infraction under the provisions of this Section shall be punishable by a fine of not more than Fifty ($50) Dollars; provided, however, that in the event that a dog commits an act which is prohibited by Section 4136 of this Code upon said places, such fine shall be not less than Twenty-Five ($25) Dollars. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued, or permitted by such person and shall be punishable accordingly. In addition, any such dog found in any such prohibited place may be impounded as herein provided. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. The provisions of this Section shall not apply: (1) especially To dogs which trained and used - 2 - have for been blind e . persons to aid and guide them in their movements, while such dogs are being used for such purposes. (2) To dogs in any area designated by the city for use of dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared inval id or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper - 3 - e e within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ ~. a.r--- ROBERT M. MYERS 0 city Attorney - 4 - e e Adopted and approved this 14th day of November, 1989. P"1L ~Yor ~ -- - I hereby certify that the foregoing Ordinance No. 1501(CCS) was duly and regularly introduced at a meeting of the city Council on the 17th day of October 1989: that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 14th day of November 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Council-me'Inbers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~~ City eyer$._ , ~ , PROOF OF PUBLIATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the UnIted States and a resident of the County aforesaid: I am over the age of eIghteen years, and not a party to or Interested in the above-entitled matter. I am the princIpal clerk of the printer of the .......................................,.......~.... THE OUTLOOK ..........~...~... ._~.......6...................... a newspaper of general circulation. printed and published ))'~.\J..X. );~Qt:.I?X .~:q~J?A.X. in the City of .~h)J:rh.M9HJQ^............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulatIon by the Superior Court of the County of Los Angeles, State of California. under the date of.l~~.~~ 19 .~~., Case Number ..;n~.~l.!!.....: that the notice, of whIch the annexed IS a prmted copy (set in type not smaller than nonparet!), has been published in each regular and entire Issue of saId newspaper and not in any supplement thereof on the following dates, fo-wlt- November 28 all In the year 19. ~~.. I certify (or declare) under penalty of perjury that the foregoing is true and correct . Dated at... ~~~T."'. ~J.Q.t!.If."'.......... ...... CalifornIa, thIs.. ..~B. ..day of.... Mo.v .l9 .~?. .........~.~j~....... I FrH up,,, 0' ."., IIllnlt lorm mly b. ,.cunel Irom CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal AdvertISing ClearlOg House POBox 31 Los Angeles CA 90053 Telephone 625-2541 Plene requul GEN ER.t,1.. Prool of PutlllcJI'on whe" order,,,, IhlS form J'S 0 I ThiS space IS for theenty Clerk's Filing Stamp Proof of Publication of . .:-~!' -.;. ~ :~~~ EO 11.141 ORDINANCE NUMBER 1i&J.(CCS) _ J9ty CoundJ Series) AN ORDJNA.NCB OF THE un' 00UNcn. OF~ "riU!.:.O'n' OF SANTA MONlCA BlENDING SIWrfON ..,,~~. THE SANl'A MONICAMUNlaPAL CODE TO p.... ~tNDI!)lIGNATED ~.~:~CtrY PABItS ~ ~- : CIft COUNCllt OF THE '.. OF ~A MONICA DOES ORDAIN AS FOlLOWS: SECTION 1. SectiaQ wi of the Santa Monica MlI~1 Code is amended to read as follows SECTION 4115 Dogs. Restricted Areas No person baVlDl CODtrol, charge or cuatody of any dog shall permit the same to go upon any school ground, recreation or play- JI'OUDd, or pub1i~ park, or upon those la.DcIg ill the City lying wester- ly of tha~ ~_'=uC .- .' ."JteIcb UDdJ Iymg tfmI. Of ~-"':::J.~ 8:M~ Avetlue. Notwithstandtng any other provision of tIus Code, any person violatmg this Section shan be guilty of aq mfraetJ.on. Any person convict- ed of an iItfraetica.... the provi. SIOns of tins SedIIo -.u. ~ pan,ish_ able b}' ~ a fine of _ m'Ore than FIfty (~) Dollars; ~ bowev~ er, tbat in the event that a dog commits an act wluch IS prohiblteCI by Seebon 4136 of this Code upon said plaees, SIIdt fiDe shall be not leis *baD TwwlJ&J..~ ($2&) DQnars. Eada.~~tbaU.,~ of .~~._eicti and ev. ery-,~ pOrtion of which &By WDlatIon of this Section is c0m- mitted, cOntroued, or permitted by such person and sball be pmnshable accordincly. '. Jp additiOD, aiD)' __ ~ : ..... foaIjd.. ia- ~ sucIl proIliblted ~ be tmpouaded as ltle1n proVIded. ~. . : In addition t.o the ~a1tieI herem- , ~..y .--- = ' . to --''''''' l_ . ,< I" '.. . _____VIO- . ~" ~ of this. See. ... .. ..:de rued a~pabltc nui- r ....'.. -~" "be, hy iIIJs City, ----n... -.... aIJd eaCIi. ~~"'Y .. --_. day.,__. ril. tioIl ~shall ~~::! - ---.,.me . The ~ . - '.sit "this SeetioA ~net.",- -,.- .~.